Section 5 in Kerala Local Authorities (Prohibition of Defection) Act, 1999
5. Powers of the State Election Commission.
(1)Every petition under subsection (1) of section 4 shall be disposed of by the State Election Commission in accordance with the procedure as applicable while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908),(2)The State Election Commission shall, while trying petition under subsection (1), have the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the following matter, namely: -(a)summoning and enforcing the attendance of any person and examining him on oath;(b)requiring the discovery and production of any document or other materials that may be produced as evidence;(c)receiving evidence on affidavit;(d)requisitioning any public record or copy thereof from any court or office;(e)issuing commission for taking evidence from witness or document.(3)The State Election Commission shall be deemed to be a Civil Court and every proceeding before the Commission shall be deemed to be judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code, 1860 (Central Act 45 of 1860).
